Medical Malpractice

MEDICAL NEGLIGENCE

            MEDICAL NEGLIGENCE, unfortunately referred to as “medical malpractice,” simply means that the doctor or other health care provider’s care on the day in question fell below the required standard of care. You do not have to prove that the doctor is incompetent.

            EXAMPLES of MEDICAL NEGLIGENCE, include, but are not limited to:

            1.            Birth injuries and stillbirths;
            2.            Misdiagnosis of cancer and other diseases;
            3.            Failure to diagnose.
            4.            Mistreatment;
            5.            Medication injuries;
            6.            Medical device injuries;
            7.            Brain injury,
            8.            Surgical error;
            9.            Mistaken Pap smears and mammograms.

            MEDICAL NEGLIGENCE is governed by Indiana statute, which controls the time in which a complaint must be filed, the amount of recovery, legal fees, and procedures for administering the claim. Before a lawsuit can be filed in court, a panel of three doctors must review the case.

            The STATUTE OF LIMITATIONS, or time in which a claim must be filed, is usually TWO YEARS from the date of the injury.

            MEDICAL NEGLIGENCE is a very complex area of law, requiring expertise in both law and medicine to evaluate and to process a claim. At BOREN OLIVER & COFFEY, A LAWYER WHO IS ALSO A MEDICAL DOCTOR EVALUATES EVERY MEDICAL NEGLIGENCE CASE. Often, consultation with other medical professionals is necessary in order to determine the merits of a case. This expertise assures that your claim is promptly and expertly evaluated, without the need for expensive outside consultation.

            E. Allen Griggs, M.D., J.D. is a medical negligence lawyer who is also a board-certified pathologist. Dr. Griggs is a graduate of the Virginia Military Institute, University of Virginia School of Medicine, and did specialty training at the Johns Hopkins Hospital. He is a graduate of the Indiana University School of Law. He served as a major in the Army Medical Corps. He has authored scientific publications and contributed to a medical legal textbook. Along with John Boren, he has taught multiple medical negligence seminars to Indiana lawyers. Admitted to the Indiana Bar, Dr. Griggs is a member of the Indiana and Indianapolis Bar Associations, Indiana Trial Lawyers Association, Association of Trial Lawyers of America, and a fellow of the American College of Legal Medicine, from which he received the President’s Award for contributions to the textbook – Legal Medicine: Legal Dynamics of Medical Encounters, 2^nd Edition. He is admitted to practice before the Supreme Court of Indiana, and the United States District Courts of Indiana.

Boren Oliver & Coffey
Attorneys at Law
59 N. Jefferson Street
Martinsville, IN 46151

765-342-0147